Request for Clarification on FindingDate:
Tami Merriman
tami
4
9C94D920
Microsoft Office Word
City of Yelm
City of ???????
YelmCommunity Development Department
105 Yelm Avenue West
Yelm
, WA 98597August 17, 2010
Stephen K.
Causseaux, Jr.10
th & I Building902 South 10
th StreetTacoma, WA 98405
Re:
Report and Decision of the City of Yelm Hearing Examiner - Case 20100095 Yelm Switching Station.Dear M
r. Causseaux:The Community Development Department received a copy of the above decision and requests a clarification
of your Finding #10. Your finding states that the applicant and City shall work together regarding transportation improvements and our condition of frontage improvements with a waiver
of protest for improvements and the dedication of right of way are eliminated. After reviewing the video transcript, Andy Marcos, from P
uget Sound Energy (PSE) stated that PSE is supportive of a deferral of frontage improvements, and are willing to sign a waiver of protest for this deferral. Mr. Marcos questioned the
requirements for the dedication of right-of-way opposed to a purchase and sale agreement for the right of way based on the Washington Administrative Code (WAC) for utility providers.The
City of Yelm’s Concurrency Ordinance Section 15.40.020 YMC s
tates that “with respect to each of the public facilities identified, concurrency shall be established and determined as follows: (5) Transportation; a; The project makes on-site and
frontage improvements, consistent with City standards for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project. B;
the project makes such off-site facility improvements, not listed on the capital facilities plan as are necessary to meet City standards for the safe movement of traffic and pedestrians
attributable to the project. And c; the project makes a contribution to the facilities relating the capacity improvements identified in the form of a transportation facility charge (TFC).
In the case of the
Switching Station, the City’s finding and condition state that to meet concurrency requirements frontage improvements are required. Additional transportation improvements and TFC’s
are based on impact from the project, and were found to not be required for this project.Mr. Marcos stated that because this is a public utility, WAC requirements
in regards to the Washington Utilities and Transportation Commission state that they cannot dedicate right-of-way, that it must be transferred by a purchase and sale agreement. This
is the item that I believe the applicant and City must come to an agreement on.You can review the video transcript at
www.ci.yelm.wa.us, on the left choose Agenda’s/Notices then choose Meeting Videos.Please clarify
the extent of the elimination of the City’s condition of frontage improvements, the waiver of protest, and the right-of-way dedication.Thank you for your time
and this clarification. If you have any questions please feel free to contact me at (360) 458-8496.Sincere
ly,Tami Merriman, Associate Planner
Community Development Department
cc:
Andy Marcos, Puget Sound Energy(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
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